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Out-of-state attorneys have received a fresh warning from the Indiana Supreme Court, one that specifically reiterates that everyone should know this state’s attorney advertising rules when promoting oneself as being “specialized” in a particular area of law or practicing with a “national firm.”
Indiana Court of Appeals
State of Indiana v. Christopher J. Gill
84A04-1011-CR-812
Criminal. Reverses trial court’s grant of Christopher Gill’s motion to dismiss and remands for further proceedings, stating the victim’s decision to recant testimony is not grounds to dismiss a case.
In re George H. Edwardson Revocable Trust
87A01-1009-TR-501
Trust. Affirms probate court’s denial of motion to dismiss and a motion for judgment on the pleadings, holding that although one beneficiary moved assets to Maine, jurisdiction remains in Indiana.
Michael Bell v. State of Indiana (NFP)
49A02-1010-CR-1134
Criminal. Affirms conviction of Class D felony attempted theft and adjudication as an habitual offender.
Quincy English v. State of Indiana (NFP)
02A03-1009-CR-527
Criminal. Affirms conviction of Class B felony aggravated battery.
Heriberto E. Rivera v. State of Indiana (NFP)
49A02-1010-CR-1142
Criminal. Affirms five child molesting convictions.
Alfred Solomon v. State of Indiana (NFP)
27A02-1005-CR-534
Criminal. Affirms convictions of murder and robbery resulting in serious bodily injury as a Class A felony.
Citron Stovall v. State of Indiana (NFP)
79A04-1008-CR-618
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Robert Paul Baston v. State of Indiana (NFP)
69A01-1008-CR-401
Criminal. Affirms conviction of and sentence for Class A felony child molesting.
Indiana Tax Court had posted no opinions at IL deadline.
In the Matter of the Honorable William J. Hughes, Judge of the Hamilton Superior Court
29S00-1105-JD-279
Judicial discliplinary action. Reprimands Hamilton Superior Judge William J. Hughes, terminating disciplinary proceedings relating to the circumstances giving rise to the cause.
The Indiana Court of Appeals has decided that a state statute’s indigency hearing requirement doesn’t apply when a defendant has entered into a cash bail-bond agreement, meaning a trial court can use that bond money to pay court costs such as the imposed public defender fee.
The Indiana Supreme Court issued a public reprimand against Hamilton Superior Judge William J. Hughes, the disciplinary sanction stemming from an out-of-state drunk driving arrest.
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Alaska Seaboard Partners Limited Partnership v. Gerald Hood, et al.
32A01-1010-MF-546
Mortgage foreclosure. Affirms summary judgment in favor of Hendricks County Bank, the McDonalds, and the Boutots and denial of Alaska Seaboard’s cross-motion for summary judgment in Alaska’s mortgage foreclosure action. Alaska’s foreclosure action is barred by the doctrines of collateral and judicial estoppel. Affirms award of attorney fees to Hendricks County Bank, the McDonalds, and the Boutots.
Term. of Parent-Child Rel. of A.A.; R.A. v. IDCS (NFP)
82A05-1011-JT-730
Juvenile. Affirms involuntary termination of parental rights.
Michelle D. Breedlove v. State of Indiana (NFP)
36A04-1011-CR-755
Criminal. Affirms revocation of probation.
Donald E. Bunting v. State of Indiana (NFP)
65A05-1009-CR-575
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class C felony possession of at least three grams of methamphetamine.
Term. of Parent-Child Rel. of J.M., et al.; M.M. v. I.D.C.S. (NFP)
71A05-1010-JT-638
Juvenile. Affirms involuntary termination of parental rights.
Daniel R. Penticuff v. State of Indiana (NFP)
30A01-1101-CR-8
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated and in a manner that endangered a person.
Marlon Snead v. State of Indiana (NFP)
45A03-1010-CR-511
Criminal. Affirms conviction of Class D felony residential entry and remands with instructions to re-sentence Snead.
Douglas McCorkle v. Alesia McCorkle (NFP)
30A01-1009-DR-438
Domestic relation. Reverses custody order and remands for a re-determination of custody.
Dennis Mysliwy v. Teresa Mysliwy (NFP)
45A03-1009-PO-548
Protective order. Affirms issuance of protective order against Dennis Mysliwy.
Elysia B. Souders v. State of Indiana (NFP)
53A04-1008-CR-571
Criminal. Affirms conviction of Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jerry French, et al. v. State Farm Fire & Casualty Company
18A02-1005-PL-489
Civil plenary. Affirms the trial court properly denied summary judgment for both parties on the question of whether the insurance policy terms covered the cost of replacing the Frenches’ manufactured home with a stick-built one. Remands with instructions to enter summary judgment in favor of State Farm on the Frenches’ coverage-by-estoppel claim because there is no dispute that coverage exists; to enter summary judgment for the Frenches on the question of reformation of the policy based on mutual mistake of fact and rescission of the policy based on concealment of material facts by the Frenches. Remands for trial on whether State Farm should be liable for the costs of a stick-built home.
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
The governor has no comment on a class-action lawsuit filed Wednesday regarding Senate Enrolled Act 590, said Jane Jankowski, spokeswoman for Gov. Mitch Daniels. The suit – filed by the American Civil Liberties Union of Indiana – aims to prevent two components of the immigration legislation from becoming law on July 1.
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
The lobby hours for the clerk’s offices in the United States District Court and Bankruptcy Court in the Southern District of Indiana will be different beginning July 1. Both clerk’s lobby hours will be 8:30 a.m. to 4:30 p.m. These changes are applicable to all divisions in the Southern District.
Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.
The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday in the U.S. District Court’s Southern District of Indiana, challenging the wording of a new Indiana law designed to curb illegal immigration.
The following opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Roche Diagnostics Corp. v. Medical Automation Systems Inc., et al.
11-1446
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Modifies the District Court’s judgment of allowing the sale of MAS to Alere to proceed by incorporating the 11 hold-separate conditions listed in the 7th Circuit’s opinion. Alere and MAS can close their transaction if they respect those conditions and the District Court’s requirement that Roche receive its unimpaired period of exclusive use of MAS’ diabetes-product software. The District Court issued an injunction implementing its decision and it expires as soon as the arbitrator renders a decision or at the end of 2012 if the arbitrator hasn’t acted.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clint Cullen v. State of Indiana (NFP)
31A04-1009-CR-626
Criminal. Affirms denial of verified petition for judicial review of alleged refusal to submit to a chemical test.
Paternity of C.C.; M.L. v. J.C. (NFP)
15A01-1009-JP-534
Juvenile. Affirms order modifying physical custody of son in favor of child’s father.
Term. of Parent-Child Rel. of C.S.; C.S. v. I.D.C.S. (NFP)
49A05-1010-JT-719
Juvenile. Affirms termination of parental rights.
Anthony Johnson v. State of Indiana (NFP)
79A02-1010-CR-1439
Criminal. Affirms sentence following guilty plea to Class C felony intimidation while drawing or using a deadly weapon and Class D felony domestic battery in the presence of a child less than 16 years of age.
Joseph Wright v. Aquavalyn Wright (NFP)
45A03-1010-DR-556
Domestic relation. Affirms denial of petition for modification of child support.
Jimmy E. Griffin II v. State of Indiana (NFP)
48A02-1008-CR-919
Criminal. Affirms conviction of and sentence for Class C felony attempted battery and reverses conviction of Class C felony battery.
Otis Allen Tate, Jr. v. State of Indiana (NFP)
71A03-1009-CR-529
Criminal. Affirms conviction of Class B felony burglary.
Keith McClaran, et al. v. Mortgage Electronic Registration Systems, Inc. (NFP)
55A01-1006-MF-289
Mortgage foreclosure. Affirms judgment and grant of foreclosure to MERS as nominee for GMAC Mortgage Corp.
Elliott J. Welch v. State of Indiana (NFP)
49A02-1006-CR-673
Criminal. Affirms conviction of Class D felony theft.
Mark Smith v. State of Indiana (NFP)
43A04-1011-CR-697
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated.
Michael Nordman v. State of Indiana (NFP)
85A02-1005-CR-638
Criminal. Affirms conviction of Class C felony intimidation.
Timothy S. Hanna v. State of Indiana (NFP)
29A05-1009-CR-557
Criminal. Affirms convictions of Class B felony criminal deviate conduct and two counts of Class C misdemeanor furnishing alcohol to a minor.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Estate of Bradley Kinser, et al. v. Indiana Insurance Company
29A02-1009-PL-1093
Civil plenary. Reverses summary judgment in favor of Indiana Insurance on its motion for declaratory judgment that it’s not obligated to cover any losses following Bradley Kinser’s accident and death while driving his girlfriend’s car because his policy excluded coverage for a vehicle furnished or available for his regular use. A genuine issue of material fact remains as to the scope and extent that Kinser felt he needed his girlfriend’s permission to drive her car, which affects the determination of whether the car was furnished or available for his regular use.
Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.
The United States Bankruptcy Court in the Southern District of Indiana has amended several local rules. In the Northern District, the Bankruptcy Court seeks comment on a proposed rule change.
Indiana Supreme Court had posted on opinions by IL deadline.
Indiana Court of Appeals
Wastewater One, et al. v. Floyd County Board of Zoning Appeals, et al.
22A04-1007-PL-418
Civil plenary. Affirms the trial court’s findings of fact, conclusions of law, and judgment affirming the Board of Zoning Appeals’ denial of the applicant’s conditional use of application for expansion of a sewage treatment plant.
Harold E. York v. State of Indiana
27A02-1008-CR-956
Criminal. Dismisses Harold York’s interlocutory appeal previously granted by the Court of Appeals, in anticipation of the defendant claiming the trial court should have granted his motion to dismiss the charge of Failure to Register as a Sex Offender, a Class D felony. In its decision to dismiss, the appeals court held that the state did not allege York had failed to register under the lifetime requirement, but that he violated the Registration Act by failing to include his fiancee’s house as his residence.
Term. of Parent-Child Rel. of K.K.; C.W. v. IDCS (NFP)
42A04-1010-JT-699
Juvenile. Affirms termination of parental rights.
Christian D. Howard v. State of Indiana (NFP)
48A04-1010-CR-656
Criminal. Affirms trial court’s revocation of probation and decision to allow hearsay testimony.
Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
S.W. by P.W. v. B.K.
71A03-1012-PO-655
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.